Blackbart -
Here is an update on the issue. As pointed out in the PI article there were legislators looking to give the farmers legal relief. As a result substitute house bill 1418 was past. 1418 provided changes to two exist state laws.
It added the following to RCW 77.55.060 (this requires that fish passage be provided dams and other obstructions). "For the purposes of this section, "other obstruction" does not inlcude tide gates, flodd gates, and associated man-made agricultural drainage facilities that were orgininally installed as part of an agricultural drainage system on or before the effective date of this section or the repari, replacement, or improvement of such tide gates or flood gates."
It also modified RCW 77.55.100 (the state hydraulic law) as follows - "The Department shall not require a fishway on a tide gate, flood gate, or other associated man-made agriculture drainage facilities as a condition of a hydraulic project approval if such fishway was not originally installed as part of an agricultural drainage system existing on or before the effective date of this section.
Any condition requiring a self-regulating tide gate to achieve fish passage in an existing hydraulic project approval under this section may not be enforced."
HB 1418 passed the House on 4/22/03 with 97 yeas and 0 nays.
It passed the Senate on 4/14/03 with 44 yeas and 4 nays.
Just one of several examples of our law makeres weaking environmental protection of our fisheries resources. It is clear that this State's decision makers consider salmon recovery means status quo for all but the various fish users. The prevailing attitude seems to be that if you and I would just quit fishing every other impacting activity on the salmon resource can continue and recovery will magically occur.
Tight lines
Smalma